[HISTORY: Adopted by the Town Board of the
Town of Chatham 2-14-1985 by L.L. No. 1-1985. Amendments noted where
applicable.]
The office of Code Enforcement Officer of the
Town of Chatham is hereby created. The Code Enforcement Officer shall
be appointed by the Town Board at a compensation to be fixed by it
from time to time.
A.
The Code Enforcement Officer shall administer and
enforce all of the provisions of any laws, ordinances, rules and regulations
applicable to the plans, specifications or permits for the construction,
alteration and repair of buildings and structures within the town,
as well as for the installation and use of material and equipment
therein, and the location, use and occupancy thereof.
B.
The Code Enforcement Officer shall receive applications,
approve plans and specifications, and issue permits for the erection
and alteration of buildings or structures or parts thereof and shall
examine the premises for which such applications have been received,
plans approved or permits issued for the purpose of ensuring compliance
with any laws, ordinances, rules and regulations governing building
construction or alteration within the town.
C.
The Code Enforcement Officer shall issue all appropriate
notices or orders to remedy illegal or unsafe conditions, to require
the necessary safeguards during construction, and to ensure compliance
during the course of construction with the requirement of all applicable
laws, ordinances, rules and regulations relating to such construction.
Any such notices or orders issued by the Code Enforcement Officer
may be served upon the property owner or his agent, personally or
by certified mail addressed to the owner or his agent at the address
set forth in the application or permit and by posting a copy of said
notice upon a conspicuous portion of the premises to which the notice
applies. The Code Enforcement Officer shall make all inspections which
are necessary or proper for the carrying out of his duties hereunder,
except that he may accept written reports of inspection from generally
recognized and authoritative service and inspection bureaus or testing
laboratories or agencies.
D.
The Code Enforcement Officer shall issue a certificate
of occupancy following the completion of construction of a building
or structure in accordance with the provisions of the New York State
Uniform Fire Prevention and Building Code. Such certificate of occupancy
shall certify that the building conforms to the requirements of the
New York State Uniform Fire Prevention and Building Code.
E.
The Code Enforcement Officer shall administer and enforce all provisions of Chapter 180, Zoning, of the Code of the Town of Chatham and any other land use ordinance of the town.
F.
The Code Enforcement Officer shall administer and
enforce all provisions of the New York State Uniform Fire Prevention
and Building Code.
G.
The Code Enforcement Officer shall adopt such rules
and regulations, as he deems necessary in order to provide for the
administration of his duties hereunder. No such rules and regulations
shall become effective until approved by the Town Board.[1]
[1]
Editor's Note: The current rules and regulations
are included as Appendix A of this chapter.
The Code Enforcement Officer shall not engage
in any activity inconsistent with his duties as a town officer, nor,
shall be, during the term of his employment as Code Enforcement Officer,
engage directly or indirectly in any building business or in the furnishing
of labor, materials, supplies or appliances, or the preparation of
plans for the construction, alteration, demolition or maintenance
of any building within the town, except such buildings or structures
as may be owned by him for his own personal use and occupancy or for
the use and occupancy of members of his immediate family.
A.
The Code Enforcement Officer shall maintain records
of all applications, permits and certificates of occupancy issued
by him, as well as records of all fees charged and collected and notices
of violations and orders to remedy which are issued by him. Such records
shall be maintained in the office of the Town Clerk and open to public
inspection during normal business hours.
B.
The Code Enforcement Officer shall submit monthly
and annual summaries and reports of his activities hereunder to the
Town Board.
Fees for permits, inspections and certificates
of occupancy required hereunder shall be contained in the rules and
regulations adopted by the Code Enforcement Officer and approved by
the Town Board from time to time.
Any person, firm or corporation, whether owner,
builder, architect, contractor or subcontractor or any agent thereof,
who or which constructs, alters, repairs, moves, equips, uses or occupies
any building or structure or portion thereof within the Town of Chatham
in violation of any provision of law or ordinance or in violation
of any rule or regulation adopted by the Code Enforcement Officer
and approved by the Town Board in accordance herewith, or who fails
in any manner to comply with any notice, directive or order of said
Code Enforcement Officer, or who constructs, alters, uses or occupies
any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy, shall
be guilty of a violation punishable by a fine not exceeding $250,
or by imprisonment not exceeding 15 days, or both such fine or imprisonment.
Each day that a violation continues shall be deemed a separate and
distinct violation punishable as herein indicated.
In addition to the provisions for fines and/or imprisonment set forth in the preceding § 130-6, the Town Board, or the Code Enforcement Officer in the name of the town, may commence an appropriate action or proceeding in a court of competent jurisdiction to restrain any act or action which is in violation of the provisions herein or of any lawful rule, regulation or ordinance which the Code Enforcement Officer is required to administer and enforce herein.[1]
